What are the ways to deal with disputes over the sale and purchase of evicted houses?

Updated on society 2024-03-26
5 answers
  1. Anonymous users2024-02-07

    The quickest and most effective way is to file a lawsuit in court to resolve the dispute.

  2. Anonymous users2024-02-06

    1. The transfer of house ownership has been registered;

    2. None of them have gone through the registration of the transfer of house ownership, and Xianglv has actually and legally occupied the house;

    3. If neither of them has gone through the registration of the transfer of ownership of the house and has not lawfully occupied the house, the amount and sequence of the actual payment of each buyer, whether the online signature has been handled, the order of the conclusion of the contract and other factors, shall be determined fairly and reasonably.

    4. If one of the buyers files a lawsuit demanding that the seller continue to perform the sales contract, and the seller raises a defense on the ground that the house has been transferred to another person, the court may decide whether to add other buyers to participate in the litigation as a third party according to the specific circumstances of the case; Where other buyers separately file a lawsuit to continue to perform the contract, they shall coordinate the handling in accordance with the principles of the preceding paragraph.

    2. Risks of moving and relocating houses.

    1. The house price is easy to induce the seller to default. According to the policy, the seller will not be able to transfer the property to the buyer until five years from the date of obtaining the title deed. In this long five-year period, the trend of housing prices is difficult for anyone to predict.

    When the price of the house is significant, it is entirely possible for the seller to resell the house to a higher bidder. In some extreme cases, a demolition and resettlement house may have been bought and sold more than a dozen times before the final transfer of ownership.

    2. The buyer is unable to obtain the compensation benefit for the re-demolition of the house. In the process of urban expansion, it is not uncommon for some newly built resettlement houses to face demolition again. At this time, the compensation paid by the demolition department is often higher than that of the resettlement house**, and the buyer and seller often have disputes over the distribution of the demolition compensation

    The seller believes that if the house has not been transferred, the demolition compensation will of course belong to the seller; The buyer believes that if the house payment has been fully settled and he has moved in, the compensation for demolition should belong to the buyer.

    3. It is susceptible to the influence of uncertain lead stools. If the transaction takes too long, many unforeseen factors will induce disputes. In one case, the seller died before the transfer was completed, and the seller's heirs disputed the sale and purchase contract, arguing that the sale to the buyer was too low.

    In order to complete the transfer, the buyer has to negotiate with the heirs whom he has never met, and then becomes involved in the seller's housework.

    3. Consequences of default in the purchase of evicted housing.

    If there is a large amount of agitation in the house price, the property owner will maliciously break the contract from time to time, and the property owner will generally refuse to assist in the transfer procedures as a threat, and many buyers will feel helpless. In such a situation, the buyer can protect his rights through litigation. That is to say, if the people's court supports the buyer's request, then the buyer can directly rely on the judgment to go through the transfer procedures without the cooperation of the property owner.

  3. Anonymous users2024-02-05

    1. If the seller has signed several sales contracts for the same house, and the buyer requests to continue to perform the contract on the premise that all the contracts are valid, the buyer to perform the contract shall be determined in the following order in principle: the buyer who has already gone through the registration of the transfer of ownership of the house; Those who have not completed the registration of the transfer of ownership of the house and have actually and lawfully occupied the house; If neither of them has completed the registration of the transfer of ownership of the house, and they have not lawfully occupied the house, the amount and sequence of the actual payment of each buyer, whether they have been signed online, and the order in which the contract was established, shall be determined fairly and reasonably. If one of the buyers files a lawsuit demanding that the seller continue to perform the sales contract, and the seller raises a defense on the ground that the house has been transferred to another person, the court may decide whether to add other buyers as a third party to participate in the litigation based on the specific circumstances of the case; Where other buyers separately file a lawsuit to continue to perform the contract, they shall coordinate the handling in accordance with the principles of the preceding paragraph.

    2. If the parties have signed several sales contracts for the transfer of the same house, and there are inconsistencies in the contracts regarding the price of the house and the method of performance, and the parties have a dispute over this, they shall continue to perform according to the contract agreed by the true intention of the parties. If the parties do have acts such as evading tax collection and management or fraudulently obtaining loans in the sale and purchase of houses, they may also be recommended to the relevant administrative departments to deal with them when necessary.

    3. Where the parties agree that one party purchases a house in the name of another person and registers the house in the name of another person, and the borrower actually enjoys the rights and interests of the house, and the borrower requests the registrant (the person who issued the house) to handle the registration of the transfer of ownership of the house in accordance with the contract, it may be supported. However, the house cannot be registered for transfer due to the seizure by the creditor of the registrant or other reasons in accordance with the law, or the interests of a third party involved in a bona fide transaction. The premise here is that there has been a written agreement between the parties to purchase the house in the borrowed name, or there is evidence to prove the fact of the borrowed name.

    In addition, the borrower shall not be a bona fide third party on the ground that he or she is the actual investor, except where the third party knows or should know about the circumstances.

    4. Where one of the parties provides evidence to prove that there is indeed a capital contribution relationship in the purchase of the house, but it is insufficient to prove that there is an agreement on borrowed name registration between the two parties, and its claim to confirm that the house is owned by it or to require the registrant to handle the registration of the transfer of ownership of the house, it will not be supported; If it separately claims the creditor's right of capital contribution from the registrant, it shall be handled in accordance with the relevant laws and regulations according to the nature of the capital contribution.

    5. Where a borrower violates the provisions of relevant policies and regulations by borrowing a name to purchase affordable housing or other policy-based housing that is in trouble, and registers it in the name of another person, and the borrower claims to confirm that the Tongpeng house belongs to him, or requires the registrant to handle the registration of the transfer of ownership of the house in accordance with the agreement between the two parties, it is generally not supported.

    6. After the signing of the house sale contract, if the seller fails to register the transfer of ownership of the house with the buyer in accordance with the contract, and the buyer files a lawsuit for confirmation of the ownership of the house and requests confirmation of the ownership of the house, the court shall exercise the right of interpretation and inform the buyer that it should change the litigation claim and require the seller to go through the registration of the transfer of ownership, and if the buyer insists on not changing it, the litigation claim shall not be supported.

  4. Anonymous users2024-02-04

    For the demolition and resettlement without inspection and resettlement, it is necessary to distinguish the situation at the time of purchase

    1. Investigate the nature of property rights before demolition, if there is a slippery property right certificate before demolition, but the developer did not handle it in time after demolition, if there is a demolition agreement, although it is troublesome, but it can still handle the property right certificate in the future;

    2. Be sure to go through the notarization procedures to avoid disputes in the daily collection.

    3. In order to increase income, some development enterprises can provide name change (transfer) services after the transaction of demolition and resettlement housing, and it is a better solution to appropriately charge some fees. Therefore, it is important to understand the nature of the resettlement house in order to make your purchase. You may consider changing the name of the demolition agreement, and when you change the name, you need to have it notarized.

    If the demolition and resettlement house is not complete at the time of demolition, the actual demolition agreement cannot be transferred, the real estate certificate will usually be handled in accordance with the demolition agreement and other relevant materials, and the property right still belongs to the original owner after the real estate certificate is processed, which is not conducive to your rights and interests. You can check with the ** unit or carefully review the purchase agreement you have signed.

  5. Anonymous users2024-02-03

    It's just that the deposit is doubled, and the renovation fee is not.

    Additional answer: In your case, the contract has been fulfilled, and it is no longer possible for the other party to increase the price. At best, you can break the contract. But you can ask for continued fulfillment. If you go to court, you can ask the other party to continue to perform according to the contract, and you will not allow him to break the contract.

    Taking a step back, if the other party breaks the contract, in addition to refunding the house price you have paid, you should also compensate for the decoration money, and if the contract stipulates liquidated damages, there are also liquidated damages according to the contract.

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